On December 5, 2024, the Office of Child Care Licensing received a complaint regarding concerns of not following parent handbook policies and an enrollment agreement, submission of false information to another agency, improper discipline due to the restraint of a three-year-old child, failure to request a child s Individualized Education Plan (IEP), and failure to consult with families to design positive behavioral supports or make reasonable accommodations. An investigation was conducted on December 12, 2024. This complaint is substantiated for not following parent handbook policies and an enrollment agreement because Child #1 s original enrollment agreement was to attend 10 hours/day, five days a week. While Administrator #1 states updated verbal agreements were made, there was no documentation to verify these changes or enforce a late fee. This complaint is substantiated for submission of false information to another agency, Purchase of Care (POC), based on review of the center s attendance records and the attendance records submitted to POC. According to attendance records, Child #1 was present at the center four full days and four half days during November 2024. However, attendance records submitted to POC by Administrator #1 show Child #1 was present 20 full days. Further review showed the center claimed 20 days in the month of November while only operating 16 days (plus one paid holiday), and showed other children marked present for full days while not being signed into the center. Following these findings, OCCL requested POC attendance records submitted by Administrator #1 for December 2024. Upon review, Child #1 continued to be claimed for 15 full days to POC despite being disenrolled from the program. This complaint is substantiated for failure to request a child s IEP because Administrator #1 stated it was never requested, and no copies were available during the visit. This complaint is substantiated for failure to consult with families to design posi tive behavioral supports because verbal changes to enrollment were made based on Child #1 s behavioral concerns, but there is no documentation or evidence of conferences, agreements, or of resources being provided. There is no evidence to substantiate this complaint for the restraint of a three-year-old child in a highchair because the Reporter was unable to provide a picture, and Administrator #1 stated there was no history of conversations in the ClassDojo application and no pictures of Child #1 in a highchair. All staff members interviewed stated Child #1 was never placed in a highchair. Additional concerns noted during this investigation are an incomplete child file for Child #1, who was enrolled in August 2024. There was no child health appraisal or permission signatures present in Child #1 s file. An additional concern noted is incomplete child and staff attendance records because on the 16 days of attendance records viewed for the three-year-old classroom from November 2024, staff and children were not signed out accurately on 12 of the days. An additional concern noted during this investigation was the three-year-old classroom was over staff-to-child ratio on November 7, 2024, with 11 children and one staff member.

Disposition: Substantiated

The Office of Child Care Licensing (OCCL) received a complaint on June 28, 2024, regarding improper staff-to-child ratios. An investigation began on June 28, 2024, and concluded on July 1, 2024. This complaint is substantiated for improper staff-to-child ratios based on observation of the classrooms, attendance records, and interviews with staff members. On June 28, 2024, 21 children ages three to five were with one staff member at 8:30 am in the opening classroom. Throughout the morning of June 28, 2024, the one-year-old classroom had eleven children present with one staff member. Additionally, on June 28, 2024, the door to the two-year-old classroom was closed with nine children inside and no staff member was present. A school-age child was present alone in Ms. Young s office during this visit. There was not sufficient staff present on June 28, 2024, to open the door for families, prepare meals, or provide bathroom or lunch breaks to staff while maintaining staff-to-child ratios. An additional concern noted at this visit was inaccurate child and staff attendance records. Attendance records for the date of June 28, 2024, did not accurately show which staff members were in each classroom. Children remained signed into the middle classroom but were not present. An additional concern noted at this visit was the use of a cell phone while caring for children. A staff member was using her cellphone while caring for children in the one-year-old classroom. An additional concern noted during this visit was nap equipment not being placed 18 apart during nap time in the one-year-old classroom. The cots were approximately 3-4 from each other in this classroom. An additional concern noted was improper use of screen time. On July 1, 2024, the middle classroom had 11 children present ages two to three with one staff member upon OCCL s arrival. The children in the one-year-old classroom were watching the television. Additional concerns noted at this visit were a lack of super vision and insufficient staff present to operate in compliance as no staff were available to open the door for families, prepare meals, or provide bathroom or lunch breaks to staff while maintaining staff-to-child ratios, and not being truthful when providing information to parents or guardians. When the license was suspended on July 1, 2024, Ms. Young informed parents there was a leak in the roof of the center which was the reason for the closure for the day. An additional concern noted was the lunch served to children on July 1, 2024, did not meet the meal pattern requirements.

Disposition: Substantiated

On April 12, 2024, the Office of Child Care Licensing (OCCL) received a complaint regarding allegations of insufficient meals/snacks, not serving milk with breakfast, the food menu not matching what is served, not following proper procedures to address food allergies, not storing an EpiPen correctly, lack of supervision and improper staff-to-child ratios on multiple occasions, insufficient staffing, the administrator not being present, not following child health exclusions, improper sleeping arrangements, clothing not being changed when soiled, no extra clothing available, outings to another location occurring without parent permission, policies on photographing/videotaping not being followed, and not receiving a copy of the parent handbook. A visit was conducted on April 16, 2024, to investigate this complaint. The Child and Adult Care Food Program investigated on the same day. This complaint is substantiated for insufficient meals/snacks, not serving milk with breakfast, and the food menu not matching what is served. Staff members interviewed verified a granola bar and water were served for breakfast at least one day the previous week. One staff member stated yogurt was served, and another staff member stated fruit was served. This meal was not noted on the posted menu. The CACFP report stated lunch on April 16, 2024, did not meet all required components. Changes were not marked on the posted menu. This complaint is also substantiated for improper sleeping arrangements because two children were observed sleeping without a top and bottom covering. This complaint is substantiated for taking children on outings to another location without parent permission because photographs and Ms. Young verified children were taken off-site and permission was not available in the child files. This complaint is substantiated for the center not following policies on photographing/videotaping and permission to post on social media because children without signed permission for ph otographs to be posted were shown in photographs on Instagram and in the center's ClassDojo application. There is no evidence to substantiate this complaint for not following proper procedures to address food allergies based on staff interviews. There is no evidence to substantiate this complaint for not storing an EpiPen correctly because Ms. Young denied misplacing an EpiPen at any point. There is no evidence to substantiate this complaint for lack of supervision, improper staff-to-child ratios, or insufficient staffing based on direct observation of the classrooms, observation of attendance records, and interviews with staff. There is no evidence to substantiate the administrator not being present based on interviews. There is no evidence to substantiate this complaint for not following child health exclusions based on staff interviews. Staff stated children are observed at drop-off and parents are called to pick up a child if they exhibit signs of illness exclusions. There is no evidence to substantiate this complaint for clothing not being changed or not having extra clothing available based on staff interviews and observation of extra clothing available within the center. There is no evidence to substantiate this complaint for not receiving a copy of the parent handbook based on observation of an automated message sent to newly enrolled families that includes access to the parent handbook. Parents also sign a verification of receipt of the parent handbook. An additional concern noted was the Administrator is not currently documenting her attendance at the facility. Another concern noted is the findings from the Child and Adult Care Food Program (CACFP) investigation noted children were claimed for reimbursement for meals they were not present for at the facility.

Disposition: Substantiated

On March 11, 2024, the Office of Child Care Licensing (OCCL) received a complaint regarding concerns about respectful communication with parents, parent handbook policies, administration of medication and handling allergies, staff-to-child ratios, open-door policies, the presence of the administrator, and diaper-changing procedures. This complaint is substantiated for not communicating respectfully with families based on a staff interview and documentation collected at the visit. Administrator Chadae Young never confirmed the parent handbook was re-sent to a parent after they requested it. This complaint is substantiated for not following the required open-door policy because Ms. Young and Staff #1 mentioned a letter was sent to families stating families are not welcome into the children s classrooms at all due to rising illnesses throughout the center and due to it causing a distraction. This complaint is substantiated for not following proper allergy precautions because while Ms. Young was aware of a child having a severe allergy, there was no documentation of this in the child s file, including not having an allergy action plan. There is no evidence to substantiate this complaint for not following administration of medication procedures because Ms. Young stated the facility did not accept Child #1 s medication due to it not being in the original packaging as required. There is no evidence to substantiate this complaint for improper staff-to-child ratios based on a review of the classrooms and attendance records. There is no evidence to substantiate this complaint for not following diaper-changing procedures based on interviews with a staff member and Ms. Young. There is no evidence to substantiate this complaint for the administrator not being present the required hours based on an interview. Ms. Young keeps a weekly timecard of hours present within the facility showing the required hours. An additional concern noted was that after the investigation, OCCL r eceived a telephone call from the Reporter and from Ms. Young stating care for Child #1 s enrollment was terminated due to the Reporter s complaint to OCCL, which could be construed as a form of retaliation and did not follow the reasons for termination of care per the facility s parent handbook. An additional concern noted was children were participating in screen time activities in the infant and one-year-old classrooms. This is a repeated concern at this facility.

Disposition: Substantiated

The Office of Child Care Licensing (OCCL) received a complaint on June 7, 2023, regarding not following the staff-to-child ratio and not having sufficient staff available. An investigation began on June 12, 2023, and ended on June 22, 2023. This complaint is substantiated for both allegations because the facility was over the staff-to-child ratio during both visits conducted for this investigation. On June 12, 2023, LS Brady observed one staff member with eleven children, with the youngest child being a one-year-old. At the follow-up visit on June 22, 2023, all classrooms were out of staff-to-child ratio and one classroom was left unsupervised while a staff member answered the door to the facility. Additionally, an unqualified staff member was alone with children in the infant classroom with five children. Staffing was not sufficient during both visits for the number of children present at the facility, resulting in staff members leaving the classroom to answer the door, causing rooms to be out of ratio or leaving children unsupervised. Additional concerns noted during both visits included inaccurate attendance records due to all children in care being listed in their assigned classrooms rather than the classrooms they were in during the visit. Lesson plans for two classrooms were from May and June of 2023. A staff member was observed physically moving a child by pulling them by the arms into a classroom. In the infant classroom, sheets were observed to be loose fitting and an infant was in a crib with a bottle. Infant bottles were observed without labels and not refrigerated.

Disposition: Substantiated

On August 16, 2023, the Office of Child Care Licensing (OCCL) received a complaint regarding lack of supervision and not following infant feeding requirements. This complaint is substantiated for lack of supervision because a state agency representative observed staff members leaving two classrooms unattended during nap time on August 14, 2023. Owner Chadae Young self-reported to OCCL that one classroom was left unattended. This complaint is substantiated for not following infant feeding requirements because Child #1, an infant, was receiving almond milk rather than formula or breast milk. There was no doctor s note in Child # 1 s file permitting them to receive almond milk. An additional concern noted at this visit was a staff member had been working at the facility for at least two weeks without completing a comprehensive background check or receiving eligibility determination. Classrooms were also not following their posted daily schedules, as children did not go outside during this visit for the required amount of time.

Disposition: Substantiated

Between November 15, 2023, and December 8, 2023, the Office of Child Care Licensing (OCCL) received three complaints regarding Higher Learning Academy, located at 2002 Rodman Road, Wilmington, DE 19805, with similar allegations. These allegations included the administrator never being present at the facility, the classrooms frequently being out of the correct staff-to-child ratios and having insufficient staffing for the current enrollment, and staff being instructed to be dishonest with OCCL. Additional allegations include not having enough food within the center and not following the meal pattern requirements, including sometimes serving expired food and milk. There were also allegations of outlets not being covered, and staff members gathering in one room during nap time, leaving the remaining children unattended, and staff members being required to answer the facility s phone while supervising children. Additional allegations included two broken cribs in the infant classroom, and inaccurate attendance records created to make it appear classrooms are within the correct staff-to-child ratio. It was also alleged a staff member was witnessed flicking children on multiple occasions, and a staff member was using marijuana in the facility s restroom. Three unannounced visits were conducted to investigate these allegations on December 5, 2023, December 7, 2023, and December 20, 2023. This complaint is substantiated for not following correct staff-to-child ratios based on observation of classrooms and attendance records, as well as documentation received from the Reporter. This complaint is substantiated for having insufficient staffing to operate in compliance due to the facility not having enough staff present at each of the three visits conducted to prepare lunch, have bathroom breaks, lunch breaks, or answer the facility door. This complaint is also substantiated for staff being dishonest with OCCL, as a staff member falsely stated what was served for breakfast o n December 5, 2023. Documentation was also received showing Ms. Young instructed staff not to show OCCL any files. This complaint is substantiated for not having sufficient food or water within the facility based on observation of the kitchen area. A portion of a gallon of water was available within the center on December 5, 2023, and only 1% milk was observed available on December 20, 2023, with infants and one-year-olds in care. On December 5, 2023, there was not sufficient food to provide a snack meeting meal pattern requirements. This complaint is substantiated for staff members leaving children unsupervised due to a staff member being observed on the opposite side of the center during nap time, leaving a classroom unsupervised during nap time. This complaint is substantiated for requiring staff members to answer the facility s phone while supervising children, as a staff member was seen answering the center s phone in the absence of the administrator while caring for children. This complaint is substantiated for inaccurate attendance records, as several records were observed showing staff signed in that weren t present, and an inaccurate number of children signed in. Attendance records received from Administrator Chadae Young after these visits varied in content and handwriting from the attendance records viewed at the facility visits. This complaint is substantiated for the use of improper discipline based on a staff interview and documentation received showing the staff member holding a child up by their collar. Additional documentation was received showing a conversation with Ms. Young regarding parent complaints about this staff member grabbing children s ears and arms. There is no evidence to substantiate expired food or milk was served to the children. No items were expired within the kitchen area. There is no evidence to substantiate outlets not being covered as all outlets were observed to be covered during the visits. There is also no evidence to s ubstantiate the use of two broken cribs in the infant room, as all cribs in the classroom were observed to be assembled properly and in good working order. There is no evidence to substantiate the allegation of a staff member utilizing marijuana within the facility, as the staff member denied this. The allegation regarding the absence of the Administrator was substantiated in a complaint investigation completed at the start of this investigation, and Ms. Young submitted her staffing plan and documentation to correct this on December 8, 2023. Additional concerns noted at this visit include a staff member working alone with infants without the required DEEDS Early Learning Certificate, and documentation showing staff members utilizing cell phones while caring for children as they were sending messages to each other and Ms. Young. Additionally, documentation was provided showing two physical hazards within the center; however, these items were fixed prior to these visits were conducted. The refrigerator in the kitchen was at 50 degrees on December 5, 2023, and 44 degrees on December 7, 2023. Changes to the meals served to children were not being marked on the posted menu. An infant s bottle was observed with cereal mixed in with formula/breastmilk. Screen time was observed being utilized for over an hour with children ages infant and up during the visit on December 5, 2023. An infant was observed in a high chair in for over an hour.

Disposition: Substantiated

The Office of Child Care Licensing (OCCL) received two complaints on November 6, 2023, regarding concerns about improper staff-to-child ratios, lack of supervision, not using positive behavior management techniques, children running around the classrooms without direction, the Administrator not being present at the facility, and inadequate food being served to the children. An investigation was conducted on November 8, 2023. The complaint is substantiated for not providing proper interactions with preschool age children because the children were observed running around the middle classroom with little to no guidance or positive interactions with staff members. This complaint is also substantiated for the administrator not being present the required hours, as the administrator was not present upon arrival and was unable to provide attendance documentation to support her attendance at the center. This complaint is also substantiated for the inadequate food being served to the children because on the date of this visit, the breakfast and lunch provided to the children did not meet the requirements. There is no evidence to substantiate improper staff-to-child ratios because all classrooms were within staff-to-child ratio at this visit, and attendance documentation viewed at this visit reflected the same. There is no evidence to substantiate not using positive behavior management techniques as no staff members were observed yelling at children or otherwise acting inappropriately. There is no evidence to substantiate lack of supervision as no staff members were observed using their cellphones during this visit. Additional concerns noted at this visit are the posted menus did not reflect what was being served to the children, lesson plans posted were not current but from the previous month, five containers of diapering cream/ointment were observed in the bathroom without the correct Medication Administration Records, , infant feeding schedules were not being signed monthly by the parent/guardian. and cleaning chemicals were accessible to children. An additional concern noted was the Administrator became angry and raised her voice with OCCL staff during this visit and began refusing to speak with the Licensing Specialist. In addition, the Administrator stated she was not going to comply with specific DELACARE Regulations such as making a change to the posted menu to coordinate with the food served and documenting her attendance at the center.

Disposition: Substantiated

The Office of Child Care Licensing (OCCL) received two complaints on November 8, 2023, regarding concerns about two child injuries occurring without receipt of an accident/injury report and concerns of lack of supervision. An investigation was conducted on December 7, 2023. This complaint is substantiated for not providing an accident/injury report for a child facial injury that occurred in October 2023. This complaint is also substantiated for lack of supervision because the staff member responsible for the care of Child #1 when the injury occurred was not qualified to be left alone with children due to not having a DEEDS Early Learning Certificate.

Disposition: Substantiated